What it means and what could happen?
I've been having problems with my apartment mgr. In june my shower got clog. and i told my mgr about it. I had that nasty water coming out of the shower for 3 days. They didn't do anything about it. And I said if they don't fix the problem i would not pay my rent. One day I got home and that black water was all over my carpet. I had to dry it myself, Mgr didn't do anything. 2 days after I got sick ( I had a brain trombosis)
I don't pay my rent for 2 months. I"m moving this week. And the carpet still dirty. What can I say in the court? waht can I do? Can I use that as an excuse?
2007-07-23 10:38:42 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You summed it up pretty well. You are being sued, and you need to go to court and provide a written response.
If you don't go to court, or don't respond to the claim, then you lose and the other party gets what they are asking for.
You are being sued (based on the facts above) for back rent.
Under the laws of most states, you would need to prove that either (1) you spent the rent money to correct a problem that the landlord should have corrected, or (2) that the condition rendered the apartment uninhabitable and you moved out as a result.
If you stayed there, and didn't fix the problem, then under the landlord-tenant laws of most states, you are liable for the rent.
But you can counter-sue for any damages caused by the problem.
You may want to consider getting an attorney, unless it's small claims court in which case you'll have to represent yourself.
2007-07-23 10:47:27 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
You can't really be sued in a state where you don't live. The person suing you has to file in the county where you live and properly serve you. If you weren't properly served, then the case has no merits. You should contact an attorney. A case can be dismissed if you are improperly served, and it seems that you were. It is very difficult to get a default judgment vacated, but in your case, it seems like they broke all the rules. It's not legal or proper to sue someone in a county or state where they don't live because they have no means of defending themselves. This is not allowed, and you should fight this if you can. Again, I think that you should get a consultation with an attorney - sometimes they do it for free or a small fee. Get some legal help! That is your best bet before things go to hell in a hand basket! Good luck.
2016-04-01 09:36:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's difficult to determine exactly what you were served with, but it certainly does sound like a typical landlord-tenant dispute. Your best bet would be to go to your local Legal Services or Legal Aid office. They handle landlord-tenant disputes all the time, and if you have a limited income, they may help you for free.
Other than that, yes, you are required by the court to file a response. People who do not file responses to civil lawsuits can automatically lose the suit. Before you move, it would be a really good idea to take pictures of the condition of your apartment. Once you're out, that will be difficult if not impossible. In small claims court, you will most likely be able to fill out your response on a pre-printed form at the clerk's office. You should go by in person, and take all your paperwork with you. Often the clerks can give you the right forms to fill out and let you know about your court date.
2007-07-23 10:48:02 · answer #3 · answered by Ann D 2 · 1⤊ 0⤋
The burden of proof is all on you. You need to provide the court with Photos, letters in writing to the Management company showing your complaint and your intention to solve the problem in good faith, witnesses if any. You really have to make the judge believe that the management was negligent although not paying the rent would not help you that much.
Yes you might need a lawyer specialized in tenant/Landlord.
2007-07-23 11:05:08 · answer #4 · answered by Mark 4 · 1⤊ 0⤋
You need to get a lawyer that specializes in housing and rental disagreements, and you need to do it fast, because you only have 30 days to provide a written response from the day you get the summons.
If your manager refused to fix the problem, which led to a n unsanitary condition, which led to you being sick, you certainly have a case for not paying your rent. You can't just stop paying it, there are ways you have to go about it, but you certainly aren't forced to pay (i.e., hold up your end of the contract), if the management isn't holding up their end of the contract by providing a safe and habitable place to live.
You can certainly provide all of that information to the court, but it's best to hire a lawyer to do it for you, because he or she will know the housing laws in your area. If you can't afford a lawyer, call the Legal Aid or the Bar Association in your area.
2007-07-23 10:49:34 · answer #5 · answered by Hillary 6 · 0⤊ 0⤋
First I can tell you that often judges rule in favor of the landlord when the rent is not paid. You cannont simply "just not pay your rent" under certain circumstances. Your best bet would have been to pay your rent on tiem as usual, and then take the him/her to court and sue them for their obligation to care for their premises. However, you have gotten sick from the shower crap and may have a chance. Make sure you keep a record of your hospital expenses to take to court and I hope that you have documented all the dates & times that you have contacted him. Make sure you take pictures before you move of the damage and take them to court. Make sure you have your doctors records.
See the landlord has obligations to take care of his premises and so do you as a tenant. Get your lease and read it and outline/highlight what his obligations are.
Landlords like these are "slumlords" as I know you have heard of this term before. The judges like to chew them up. The judge may make you pay what you owe him and then you may can countersuit. Do not lie whatever you do to make yourself look good because it wil lblow up in your face (ka-boom).
Contact your landlord and tenant services in your county to get exact "Tenant/Landlord" laws.
For future references, you should have a "Tenant/Landlord" rules and regualation service in your city that can give you specific information about what you can and can't do. Here in Milwaukee, WI we have whats called the "abatement" program. If your landlord does not come and fix something that is a danger to you or your family, you can simply take the money to them, they keep it. They contact the landlord about the problem and they have so many days to fix it. If they do not - the tenant get 100% of their money back. This is the legal way we do here because we have soooooooo may "Slumlords". All they do is collect money from the 1st - 5th.
Make sure that when yo go to court that you have evrything that I mentioned above. Dont' be nervous and speak your mind (in a sinsible way) at court. I hope this helps at least a little.
Get your lease/read it.
Try to have at least 1/2 of the money with you.
Take pictures.
Take dr's records
Take any other pertinent information that you may have.
Good Luck to you.
2007-07-23 11:03:04 · answer #6 · answered by spreetray 2 · 0⤊ 0⤋
If you do not respond to the complaint, you risk having a default judgment entered against you. It is best to answer the complaint and assert your claim as "new matter" if the law of your state permits you to do so.
When you owe rent, you must either pay it or ESCROW it in accordance with your state's rent withholding act, if your state has such an act.
If you qualify to be respresented by Legal Aid, get them to represent you. They are very good with landlord-tenant problems. Often neighborhood advocacy groups will take up your cause.
YOU MUST DO SOMETHING OR THINGS WILL BECOME WORSE FOR YOU.
2007-07-23 10:53:49 · answer #7 · answered by Mark 7 · 0⤊ 0⤋
No you can not just withhold rent. There are specific procedures you have to follow to be able to do that. If you don't file an answer with the court the judgement will automatically be entered against you.
2007-07-23 10:42:33 · answer #8 · answered by Anonymous · 2⤊ 0⤋